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COMMISSION ACTIONS JUNE 2008

The following are the agenda items from the Commission's regular meeting held June 24, 2008 at Commission headquarters. The Commission's actions are in bold.

** APPROVAL OF AGENDA. APPROVED UNANIMOUSLY 7-0, WITH ASSOCIATE COMMISSION MEMBERS ED TANKARD AND WAYNE MCLESKEY ABSENT FROM THE MEETING.

1. MINUTES of previous meeting. APPROVED 6-0, WITH ASSOCIATE MEMBER KYLE SCHICK ABSTAINING.
[ Audio Item 1 ]

2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval). THESE 10 SO-CALLED PAGE 2 ITEMS, AS LISTED BELOW IN DETAIL, WERE APPROVED 7-0.
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3. CONSENT AGENDA ITEMS. THE COMMISSION ENDORSED, BY A 7-0 VOTE, THE CONSENT AGREEMENT RECOMMENDED BY STAFF AND LISTED IN DETAIL BELOW. UNDER THAT AGREEMENT, TIDES ON THE CHESAPEAKE ASSOCIATION INC. AGREED TO PAY A CIVIL CHARGE OF $600.00 AND A PRORATED TRIPLE PERMIT FEE OF $50.00 IN LIEU OF ANY FURTHER ENFORCEMENT AS PROVIDED BY CODE.
[ Audio Item 3 ]

4. CLOSED MEETING FOR CONSULTATION WITH OR BRIEFING BY COUNSEL. THERE WAS NO NEED FOR A CLOSED MEETING.

5. BIRCHWOOD MOTEL, INC., #05-2780, requests authorization to install a 750-foot long six (6) inch diameter sewage discharge pipe under an already permitted 700-foot long by 5-foot wide community pier adjacent to their property along Chincoteague Channel in the Town of Chincoteague, Accomack County. The project is protested by a nearby oyster ground leaseholder and several property owners. The case was remanded to the Commission by the Circuit Court of Accomack County for rehearing. THE COMMISSION UNANIMOUSLY AGREED TO DEFER THIS MATTER UNTIL A FUTURE HEARING AT THE REQUEST OF THE APPLICANT'S COUNSEL. THE DATE OF THE REHEARING WILL BE DETERMINED AFTER CONSULTATION WITH THE ATTORNEY GENERAL'S OFFICE AND THE APPLICANT'S COUNSEL.
[ Audio Item 5 ]

6. JAMES C. SMITH, JR., #03-2500. Commission consideration of an unauthorized 680 square foot non-commercial open-sided boat house constructed at the end of a private pier at property situated along the Poquoson River in York County. The project is protested by an adjoining property owner. THE COMMISSION UNANIMOUSLY APPROVED AN AFTER-THE-FACT PERMIT FOR THE RETENTION OF A 635 SQUARE FOOT OPEN-SIDED BOATHOUSE CONDITIONED ON THE AGREEMENT OF THE PERMITTEE (MR. SMITH) AND HIS CONTRACTOR (ROBERT HOLLOWAY) TO PAY A CIVIL CHARGE OF $600.00 EACH IN LIEU OF ANY FURTHER ENFORCEMENT AS PROVIDED BY CODE.
[ Audio Item 6 ]

7. RONALD SAVAGE, #05-2456. Formal restoration hearing concerning the unauthorized construction of two (2) 28-foot by 6-foot unauthorized piers and associated mooring piles adjacent to property at 117 Poplar Lane, situated along the Occoquan River in Prince William County. PULLED FROM THE AGENDA IN LIGHT OF THE REMOVAL OF ALL UNAUTHORIZED STRUCTURES.
[ Audio Item 7 ]

8. BONNIE K. CROSS, #08-0105, requests authorization to construct an 18-foot by 26-foot open-sided boathouse at the channelward end of a 100-foot long private, noncommercial, open-pile pier adjacent to her property situated along the York River at 5064 Cross Breeze Lane in Gloucester County. The project is protested by the adjoining property owners. PULLED FROM CONSIDERATION IN LIGHT OF THE WITHDRAWAL OF THE PROTEST. THE PERMIT IS TO BE ISSUED ADMINISTRATIVELY BY STAFF.
[ Audio Item 8 ]

9. TERRY FULLER, #07-2001, requests authorization to install a 14-foot by 13-foot L-shaped floating platform at his existing private, non-commercial pier adjacent to property situated along Mill Creek in Hampton. APPROVED 6-1 WITH MR. SCHICK VOTING NO.
[ Audio Item 9 ]

10. BAYMARK CONSTRUCTION CORPORATION, #08-0519, requests authorization to construct two floating piers with T-heads and finger piers for the mooring of 79 boats within the footprint of the existing Bay Creek Marina along Kings Creek in the Town of Cape Charles. The proposed piers and boat slips were previously permitted in 2001, however, they were not completed at that time. The applicant has requested that the Commission set a reduced royalty assessment. PULLED FROM THE AGENDA BECAUSE THE APPLICANT HAS NOT YET RECEIVED HEALTH DEPARTMENT APPROVAL UNDER THEIR RULES AND REGULATIONS FOR MARINAS AND OTHER PLACES WHERE BOATS ARE MOORED. THE APPLICATION WILL BE RESCHEDULED FOR HEARING ONCE HEALTH DEPARTMENT APPROVAL, OR A VARIANCE THERETO, HAS BEEN RECEIVED.
[ Audio Item 10 ]

11. PUBLIC COMMENTS NORFOLK RESIDENT ELLIS JAMES BROUGHT TO THE BOARD'S ATTENTION A RECENT REPORT BY THE STATE DEPARTMENT OF ENVIRONMENTAL QUALITY ON THE DECLINING WATER QUALITY OF THE CHESAPEAKE BAY AND ITS TRIBUTARIES.
[ Audio Item 11a | Audio Item 11b]

12. DISCUSSION: Request from the Virginia Charterboat Association to revamp the licensing requirements and guidelines for recreational fishing in Virginia. THE ASSOCIATION IS UPSET THAT MARYLAND DOESN'T GRANT EQUITABLE ACCESS TO MARYLAND WATERS AND ASKED THE COMMISSION TO INTERCEDE. FISHERIES MANAGEMENT SR. MANAGER JOE GRIST TOLD THE COMMISSION THAT MARYLAND FISHERY MANAGERS HAVE AGREED TO DISCUSS THE ISSUE IN AN ATTEMPT TO RESOLVE THE DISPUTE. THE MATTER WILL ALSO BE BROUGHT BEFORE THE COMMISSION'S FISHERY MANAGEMENT ADVISORY COMMITTEE AND AN AD-HOC COMMITTEE THAT WILL BE FORMED TO COMMENT ON THIS ISSUE AND THE IMPENDING NATIONAL REGISTERY OF RECREATIONAL ANGLERS. IN RELATED ACTION, THE COMMISSION ALSO AGREED TO HOLD A HEARING, AND A LIKELY VOTE, NEXT MONTH TO SET JUNE 24, 2008 AS A CONTROL DATE FOR CHARTERBOAT REGULATIONS ISSUED IN THE FUTURE.
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13. DISCUSSION: ASMFC requirement to lower Virginia's summer (May 1 - October 31) Scup quota. A request for a July public hearing.A JULY HEARING WAS APPROVED UNANIMOUSLY.
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14. REPEAT OFFENDER WATERMAN JOHN T. JOHNSON OF PORTSMOUTH DID NOT ATTEND THE COMMISSION MEETING TO EXPLAIN WHY HE WAS CONVICTED OF A CRAB CONSERVATION VIOLATION WHILE ON PROBATION FOR A PREVIOUS VIOLATION OF FISHERY REGULATIONS. HE HAS ALSO BEEN REPEATEDLY REMISS IN FILING MANDATORY HARVEST REPORTING DATA ON TIME. AS A RESULT, THE COMMISSION SUSPENDED HIS COMMERCIAL WATERMAN'S LICENSE UNTIL MARCH 1, 2009.
[ Audio Item 14a | Audio Item 14b]

THE FOLLOWING ARE THE SO-CALLED PAGE 2 ITEMS THAT WERE APPROVED UNANIMOUSLY:

2A. ERICKSON RETIREMENT COMMUNITIES, #07-0928, requests authorization to modify their previously authorized permit to include additional impacts to 29 linear feet of Beaverdam Run due to installation of riprap adjacent to a bridge pier as part of the Gloucester Parkway extension project in Loudoun County.

2B. OLD POINT COMFORT MARINA, #08-0867, requests authorization to install ten 20-foot drive-on floating docks and one drive-on jet ski dock at Dock A at Fort Monroe situated along Mill Creek in Hampton.

2C. FAIRFAX YACHT CLUB, #08-0769, requests authorization to maintenance dredge approximately 4,500 cubic yards of material to maximum depths of minus six (-6) feet below mean low water from the Occoquan River in Fairfax County.

2D. TOM LANGLEY, ET AL, #07-0704, requests authorization to modify an existing permit by mechanically dredging an additional 125 cubic yards of State-owned submerged bottom to achieve maximum water depths of minus five (-5) feet mean low water around the private pier serving 1604 Ferebee Drive, situated along Broad Bay in Virginia Beach. Dredged spoils will be offloaded at the existing boat ramp at the end of Alanton Drive and transported to an approved landfill. Recommend an additional royalty of $56.25 for the dredging of 125 cubic yards of State-owned bottom at $0.45 per cubic yard.

2E. CITY OF NORFOLK, #08-0500, requests authorization to extend existing stormwater outfall pipes seaward at 14th and 15th View Streets by approximately 100 and 252 linear feet, respectively, to accommodate previously authorized beach nourishment projects along the Chesapeake Bay in the City of Norfolk.

2F. DEPARTMENT OF THE NAVY, #07-2694, requests a modification to their existing permit to now install approximately 4,150 linear feet each of 6-inch diameter sanitary force main and 8-inch diameter water line beneath the bed of the Elizabeth River between the Lambert's Point Deperming Station and a point along the shoreline in the City of Portsmouth near the intersection of Progress Avenue and Van Buren Street, to replace existing utility lines in conjunction with the previously authorized replacement and modification of the Deperming Station's facilities.

2G. DEPARTMENT OF THE NAVY, #08-0812, requests authorization to replace an outdated passive magnetometer system within Slip A of the Lambert's Point Deperming Station situated on the Elizabeth River in the Cities of Portsmouth and Norfolk. The proposed project includes the installation of 98 sensor tubes embedded in the riverbed, the replacement of sensors within 106 existing tubes, and the on bottom placement of data transmission cables between the sensors and the station's pier facilities.

2H. VANE MARINE TERMINAL, LLC, #08-0767, requests authorization to replace an existing commercial pier within the same or smaller footprint, to construct a new 10-foot by 60-foot pier deck addition, to repair existing mooring dolphins, and to install three (3) additional mooring dolphins, adjacent to their property situated along Paradise Creek in the City of Portsmouth.

2I. U.S. COAST GUARD, #08-0847, requests authorization to replace approximately 65 linear feet of existing steel sheet pile breakwater, rework existing waterfront utilities, and install approximately 16 linear feet of timber pile supported fender panel, adjacent to Bulkheads 1 and 2 at U.S. Coast Guard Integrated Support Command (ISC) Portsmouth, situated along Craney Island Creek in the City of Portsmouth.

2J. MATTHEW A. ORSI, ET AL, #08-0806, requests authorization to install 600 linear feet of stone riprap channelward of a deteriorating bulkhead and construct a 10-foot long retaining wall along the Chesapeake Bay adjacent to Lots #1, #2 and #3 in the Peaceful Beach Estates Subdivision near the Town of Jamesville in Northampton County.

THE FOLLOWING IS THE PAGE 3 CONSENT ITEM THAT WAS APPROVED UNANIMOUSLY:

3A. TIDES ON THE CHESAPEAKE ASSOCIATION INC., #06-0390, requests authorization to retain a 295 square foot, L-head community pier extension, a timber observation bench, an access platform to the creek, and two mooring piles to create a single transient mooring on an existing 49-foot long, timber community pier adjacent to property situated at the confluence of Rock Hole Creek and the Little Wicomico River in Northumberland County. The pier extension was constructed prior to receipt of a properly executed Commission permit. The Permittee has agreed to a $600.00 civil charge and a prorated triple permit fee of $50.00 in lieu of further enforcement action.


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